1. INFORMATION WE COLLECT
Among the information we collect, please note:
- Account Information: In case you create an account with Malaica, we may ask you to log in and provide certain personal information such as your name, email address, and other information to be able to save your profile and the documents and comments associated with it. Your name as well as any photo you submit through the registration process may be publicly displayed as part of your account profile.
- User Content: The information that you post to the Site is intended for public consumption, including your reviews, tips, photos, check-ins, comments, likes, Talk posts, bookmarks, friends, lists, compliments, and account profile. We may display this information on the Site, share it with businesses, and further distribute it to a wider audience through third party sites and services.
- Communications: When you sign up for an account, you may opt in to receive emails from other Malaica users, businesses, and Malaica itself. You can manage your email preferences, but you cannot opt out of receiving certain administrative or legal
notices from Malaica. If you exchange messages with others through the Site, we may store them in order to process and deliver them, allow you to manage them, and investigate possible wrongdoing in connection with the Site.
- Site Activity: We may store information about your use of the Site, such as your search activity, the pages you view, the date and time of your visit, and the businesses you call using our mobile applications. We also may store information that your computer or mobile device provides to us in connection with your use of the Site, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs. Minors and children should not use Malaica. By using the Website, you represent that you have the legal capacity to enter into a binding agreement.
2. HOW WE USE THE INFORMATION
We may store the information you submit to or through the Site, as well as information we collect in connection with your use of the Site.
We use the information to fulfill your requests, provide the Site’s functionality, improve the Site’s quality, personalize your experience, track usage of the Site, provide feedback to businesses and events that are listed on the Site, display relevant advertising, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Site, and comply with legal obligations.
Malaica may contact you, by email or other means. For example, we may send you promotional emails relating to Malaica or other third parties we think you would be interested in, or communicate with you about your use of the Site. We may also use technology to alert you via an confirmation email when you open an email from us. You can modify your email notification preferences by clicking the appropriate link included in the footer of email notifications.
Other than as has been stated in this policy, we will not share personal information you have provided to us without your consent, unless:
- doing so is appropriate to carry out your own request;
- we believe it’s needed to enforce our Terms of Service, or that is legally required;
- we believe it’s needed to detect, prevent or address fraud, security or technical
- otherwise protect our property, legal rights, or that of others.
3. SHARING YOUR INFORMATION
We may share information about you with third parties as follows:
- Service Providers: Some of the services that are offered through the Site, may be provided by third-party providers. We also outsource some of Malaica’s functions to third-party providers, such as technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests.
- Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
- Businesses on Malaica: We may share information from or about you and your use of the Site (such as which businesses you bookmark or call) with businesses on Malaica.
- Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b)
helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.
- Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
- Social Media Accounts: If you are logged into Social Media, and you access but are not logged into the Site, we may receive information from the Social Media Site to make it easier for you to create an account on the Site and show you relevant content from your Social Media connections. This information personalizes your experience and helps you create a Malaica account. You can also connect your Malaica account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers.
4. CONTROLLING YOUR PERSONAL DATA
Other users may be able to identify you, or associate you with your account if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Site pseudonymously, though doing so could detract from the credibility of your contributions to the Site. Users can also use the Member Search feature to find one another based on their names or email addresses.
Please also note that the messages you send or receive using the Site are only private to the extent that both you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your messages publicly posts it or its contents. Similarly, Malaica may also access such messages in the course of investigations relating to Site use.
5. DATA RETENTION AND ACCOUNT TERMINATION
The Site is intended for general audiences and is not directed to minors. We do not knowingly collect personal information from minors. If you become aware that a minor has provided us with personal information without parental consent, please contact us. If we become aware that a minor has provided us with personal information without parental consent, we will take steps to remove such information and terminate the minor’s account.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
This policy and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the Laws of Kenya without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, this policy or the Website shall be instituted exclusively in courts within the Kenyan jurisdiction.
We reserve to independently and without notice to change the provisions of this policy. Should such changes occur, we will make sure to announce any major change in a prominent way or notify you by email and of course, this document is public on Malaica, and therefore you will be able to see the changes for any new version. Further, your continued use of the Site following the publishing of updated Terms of Service means that you accept and agree to the changes.